Preetha P.K. vs State Of Kerala
2021 Latest Caselaw 1599 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                     WP(C).No.1125 OF 2021(M)


PETITIONERS:
       1     PREETHA P.K., AGED 53 YEARS
             HST (HINDI) KUTHUPARAMBA HIGH SCHOOL,
             KUTHUPARAMBA, KANNUR DISTRICT 670 643

      2      SMITHA P
             HST (MATHS) KUTHUPARAMBA HIGH SCHOOL,
             KUTHUPARAMBA, KANNUR DISTRICT 670 643

      3      AMBILI R
             HST (MATHS) KUTHUPARAMBA HIGH SCHOOL,
             KUTHUPARAMBA, KANNUR DISTRICT 670 643

             BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO GOVERNMENT,
             DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM 695 001

      2      DIRECTOR OF THE GENERAL EDUCATION,
             JAGATHY, THIRUVANANTHAPURAM 695 014

      3      DEPUTY DIRECTOR OF EDUCATION,
             OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
             KANNUR 670 002

      4      DISTRICT EDUCATIONAL OFFICER,
             OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
             THALASSERY, KANNUR DISTRICT 670 101

      5      MANAGER,
             KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA,
             KANNUR DISTRICT 670 643


             SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1125 OF 2021(M)

                                         2

                                  JUDGMENT

Dated this the 15th day of January 2021

This writ petition is filed seeking the following reliefs:

"i. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1t respondent to consider and pass final orders on Exts.P14, P15 & P16 revision petitions as expeditiously as possible in the light of Ext.P13 judgment.

ii. To issue a writ of certiorari to set aside denial of approval in Exts.P2, P6 and P9 as they are illegal and unjustifiable.

iii. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4 th respondent to approve the appointment of the 1 st petitioner as HSA (Hindi) from 04/06/2007 to 31/05/2011, from 02/06/2008 to 31/05/2011 as HSA (Maths) of the 2 nd petitioner and from 01/06/2009 to 31/052011 of the 3 rd petitioner and to disburse all consequential monitory benefits due to them forthwith.

iv. To declare that the petitioners are entitled to get approval to their respective posts in the light of Ext.P13."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the petitioners were Rule 43 claimants, who had

been appointed as HST (Hindi) and HST (maths) respectively in

the 5th respondent school. Their appointments had been approved WP(C).No.1125 OF 2021(M)

only with effect form 01.06.2011 on the ground that the Manager

had not executed a bond in terms GO (P) No.10/10 G.Edn. Dated

12/01/2010. The petitioners have preferred Exts.P14, P15 and

P16 revision petitions before the Government seeking approval of

appointment from the initial date of appointment itself. The

learned counsel for the petitioners submits that since the

petitioners were Rule 43 claimants their right for appointment

from the initial date of appointment should be considered de hors

the provisions of GO (P) No.10/10 G.Edn. The petitioners also

place reliance on Ext.P13 judgment of this Court.

4. Having considered the contentions advanced and

having heard the learned Government Pleader also, I am of the

opinion that the claim of the petitioners are liable to be

considered by the Government in accordance with law.

There will, accordingly, be a direction to the 1 st respondent

to take up, consider Exts.P14, P15 and P16 revision petitions with

notice to the petitioners as well as the Manager and to pass

appropriate orders thereon, within a period of three months from

the date of receipt of copy of this judgment. Ext.P13 judgment

and the contentions of the petitioners with regard to the WP(C).No.1125 OF 2021(M)

preferential claim under Rule 43, Chapter XIV A, KER shall also

be considered by the Government. Appropriate orders shall be

passed after hearing the parties through any appropriate means

including video conferencing within the time specified above. If

the petitioners' appointments from the initial dates are found

liable to be approved, then the monitory benefits shall also be

disbursed within three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE nak WP(C).No.1125 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 22-07-2004 THUS ISSUED BY THE 5TH RESPONDENT ALONG WITH APPROVAL

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 04-06-2007 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER NO.

B6/5655/07/K.DIS DATE3D 27-12-2007 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE ORDER NO.

EM(3)/42323/2008/DPI/D.DIS DATED 20-09- 2008 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-07-12004 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER ALONG WITH APPROVAL

EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER DATED 02-06-2008 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE REJECTION ORDER NO.

B1/1301/2009/K.DIS DATED 27-10-2009 DATED ISSUED BY THE 3RD RESPONDENT

EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-07-2004 ISSUED BY THE 5TH RESPONDENT

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06-2009 ISSUED BY THE 5TH RESPONDENT ALONG WITH APPROVAL

EXHIBIT P10 TRUE COPY OF THE STAFF FIXATION ORDER DATED 17-11-2007 FOR THE ACADEMIC YEAR 2007-08 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P11 TRUE COPY OF THE STAFF FIXATION ORDER DATED 25-02-2009 FOR THE ACADEMIC YEAR 2008-09 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE STAFF FIXATION ORDER DATED 11-01-2010 ISSUED BY THE 4TH RESPONDENT WP(C).No.1125 OF 2021(M)

EXHIBIT P13 TRUE COPY OF THE JUDGMENT DATED 10-06-

2015 IN W.P(C) NO. 16555/2013 PASSED BY THIS HON'BLE COURT

EXHIBIT P14 TRUE COPY OF THE REVISION PETITION DATED 11-11-2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P15 TRUE COPY OF THE REVISION PETITION DATED 06-02-2020 THUS SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P16 TRUE COPY OF THE REVISION PETITION DATED 11-11-2019 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT.